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(영문) 서울북부지방법원 2016.04.12 2015고단4747
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 10, 2013, the Defendant was sentenced to a summary order of a fine of seven million won due to a violation of road traffic law in military support of the Jeonju District Court, and on November 21, 2014, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of road traffic law (driving) at the Jeonju District Court.

[2] Although Defendant 1 had been punished as a crime of violating the Road Traffic Act on at least two occasions, Defendant 1 driven a Grand Car under the influence of alcohol content of approximately 0.182% from the 1km section of the blood alcohol from around 15:35 December 4, 2015 to around 329, as in the same Gu, from around 1km to around 329, Defendant 1 driven a Grand Car under the influence of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking and notification of the results of crackdown on driving under drinking (electronicized documents);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the driving circumstances of this case and the criminal records of the defendant's same kind of crime for the reasons of sentencing under Article 62-2 of the Criminal Act of community service and order

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